Legal Question in Real Estate Law in California

unmoveable conditions

I signed a rental agreement to move in within 2 weeks and it was pushed a week further back because the tenant living there had not moved out yet. When I had finally received the keys to move into the apartment, the conditions were unhabitable. There were cockroaches around and 2 broken windows. After telling the rental mgr, they said it would be ready in another week, I decided to not live there since I could not wait another week longer. Am I able to get back my deposit and security? or at least some money back? thank you in advance


Asked on 9/04/01, 5:33 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: unmoveable conditions

You did not say whether you had asked for the return of your deposit(s) or not, nor what the manager said if you did ask. Based on what you say and without knowing the lease terms or any defenses the landlord might have, I think you have a reasonably good case and I suggest you consider using small-claims court. However, you should exhaust all possibilities to negotiate the refund first. This saves you the hassle of suit and also it may tip you off as to what defenses the landlord might assert when sued.

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Answered on 10/24/01, 9:35 pm


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